Amrit Kaur Vs. Santokh Singh - Court Judgment

SooperKanoon Citationsooperkanoon.com/1068423
CourtPunjab and Haryana High Court
Decided OnAug-02-2013
AppellantAmrit Kaur
RespondentSantokh Singh
Excerpt:
manot kumar t.a.no.450 of 2013 (o&m) #1#2013.08.05 14:23 i attest to the accuracy and integrity of this document high court chandigarh in the high court for the states of punjab and haryana at chandigarh t.a.no.450 of 2013 (o&m) date of decision:2. 8.2013 amrit kaur .....petitioner(s) versus santokh singh ....respondent(s) coram: hon'ble mr.justice jaswant singh present: mr.liaqat ali, advocate for the petitioner. jaswant singh, j (oral) petitioner-wife is seeking the transfer of divorce proceedings initiated by the respondent-husband from the court of learned district judge, jalandhar to ludhiana. marriage between the petitioner and nri husband was solemnized on 23.2.2010 at village noor mahal, district jalandhar. this was second marriage of the petitioner and she has one son and two major daughters from the previous marriage. two major daughters are studying at pune whereas the son is stated to be studying at ludhiana. learned counsel for the petitioner submits that since 2012, the petitioner-wife is residing at her parental home at district ludhiana and is stated to have filed a case against the husband under section 12 of the domestic violence act at ludhiana. it is, thus, prayed that it is extremently inconvenient for the wife to travel 90 kms from ludhiana to jalandhar to pursue her case. t.a.no.450 of 2013 (o&m) #2# after hearing learned counsel for the petitioner and going through the contents of the divorce petition, i find no ground to entertain the present petition. keeping in view the nature of the allegations made in the divorce proceedings, it is apparent that the evidence to be adduced by the nri landlord would be seriously prejudiced if the case is transferred out from district jalandhar. it is further noticed that the distance between jalandhar and ludhiana is only 65 kms and is very well connected with road and state transport facilities. accordingly, i find no merit in the present petition. dismissed. august 02, 2013 ( jaswant singh ) manot judge
Judgment:

Manot Kumar T.A.No.450 of 2013 (O&M) #1#2013.08.05 14:23 I attest to the accuracy and integrity of this document High Court Chandigarh IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH T.A.No.450 of 2013 (O&M) Date of Decision:

2. 8.2013 Amrit Kaur .....Petitioner(s) Versus Santokh Singh ....Respondent(s) CORAM: HON'BLE Mr.JUSTICE JASWANT SINGH Present: Mr.Liaqat Ali, Advocate for the petitioner.

JASWANT SINGH, J (ORAL) Petitioner-wife is seeking the transfer of divorce proceedings initiated by the respondent-husband from the court of learned District Judge, Jalandhar to Ludhiana.

Marriage between the petitioner and NRI husband was solemnized on 23.2.2010 at Village Noor Mahal, District Jalandhar.

This was second marriage of the petitioner and she has one son and two major daughters from the previous marriage.

Two major daughters are studying at Pune whereas the son is stated to be studying at Ludhiana.

Learned counsel for the petitioner submits that since 2012, the petitioner-wife is residing at her parental home at District Ludhiana and is stated to have filed a case against the husband under Section 12 of the Domestic Violence Act at Ludhiana.

It is, thus, prayed that it is extremently inconvenient for the wife to travel 90 kms from Ludhiana to Jalandhar to pursue her case.

T.A.No.450 of 2013 (O&M) #2# After hearing learned counsel for the petitioner and going through the contents of the divorce petition, I find no ground to entertain the present petition.

Keeping in view the nature of the allegations made in the divorce proceedings, it is apparent that the evidence to be adduced by the NRI landlord would be seriously prejudiced if the case is transferred out from District Jalandhar.

It is further noticed that the distance between Jalandhar and Ludhiana is only 65 kms and is very well connected with road and State Transport facilities.

Accordingly, I find no merit in the present petition.

Dismissed.

August 02, 2013 ( JASWANT SINGH ) manot JUDGE